The president of the Judiciary, David Maraga, has come under fierce criticism a few hours after issuing a stern warning to the executive over noncompliance to court orders.
Defending the judiciary saying that court orders must be obeyed by all Justice Maraga said whereas he does not ordinarily comment on matters that are actively in court, there have been, in the last few days, worrying developments in the administration of justice that threaten the rule of law.
In a statement, he said disregard of court orders is an act that is not only inimical to the rule of law but also completely at odds with Kenya’s constitutional outlook.
However, Justice Maraga is under fire from Kenyans who are questioning his impartiality in addressing the issues at hand.
In a tweet, Gatundu MP Moses Kuria asked the CJ why he remained quiet when NASA told a Kitui court that it couldn’t stop them from convening the ‘people’s assemblies’.
Speaking on the sidelines of the 9th World Urban Forum in Kuala Lumpur, the outspoken legislator stated that the Kenyan judiciary has lost all legitimacy to be a non-partisan arbiter thus requires a radical surgery to purge officers going to bed with the opposition at the expense of a fair administration of justice.
“When you bar the executive from arresting someone even before you know they will be arrested or why, what are you actually saying?” he posed.
“The judiciary doesn’t exist in a vacuum, Maraga has to respect the executive or else give way to people with a patriotic conscience” he added.
Speaking to a local radio station morning show, vibrant Kikuyu MP Kimani Ichung’wa earlier in the week indicated the government’s dissatisfaction with the manner in which the judiciary has been issuing orders saying the various arms of government should work hand in hand but the current ‘judicial regime’ is not only partisan but has embarked on giving outrageous rulings largely seen as competing government positions.
“The government is aware that the ‘wakora networks’ are still pursuing the failed ‘judicial coup’ of August last year, Maraga’s doublespeak confirms he is an accomplice and he should be dealt with as such. You don’t push the country on the edge by nullifying an election on flimsy grounds but tell us you cannot stop judicial officers from swearing-in Raila Odinga using the same (but cooked) results. If that is not contempt of court then what is it?” he said, adding that a judicial purge was inevitable now that the scripts seem written.
Kenyans on Twitter were also critical of the judiciary. ‘It’s only in Kenya where carrying a plastic bag attracts a two million shillings fine but you get fifty thousand only for attempting to overthrow the government’, a Kenyan argued, while another one said, ‘You’re likely to be hanged for drunk driving than attempting to overthrow the government.’
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